When trial by jury has been demanded as provided in Rule 38, the action shall be
designated upon the docket as a jury action. The trial of all issues so demanded shall be by
jury, unless (1) the parties or their attorneys of record, by written stipulation filed with the
court or by an oral stipulation made in open court and entered in the record, consent to trial
by the court sitting without a jury or (2) the court upon motion or of its own initiative finds
that a right of trial by jury of some or all of those issues does not exist under the constitution
or statutes of the United States or of the state of North Dakota.

When a jury trial has been demanded under Rule 38, the action must be designated on
the
docket as a jury action. The trial on all issues so demanded must be by jury unless:

(1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the
record; or

(2) the court, on motion or on its own, finds that on some or all of those issues there is
no
right to a jury trial.

(b) By the courtWhen No Demand is Made.

Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the
court; but,
notwithstanding the failure of a party to demand a jury in an action in which such a demand
might have been made of right, the court in its discretion upon motion may order a trial by
a jury of any or all issues.

Issues on which a jury trial is not properly demanded are to be tried by the court. But
the
court may, on motion, order a jury trial on any issue for which a jury might have been
demanded.

(c) Advisory Jury;andJury Trial by Consent.

In all actions not triable of right by a jury the court upon motion or of its own
initiative may
try any issue with an advisory jury or the court, with the consent of both parties, may order
a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of
right.

In an action not triable of right by a jury, the court, on motion or on its own:

(1) may try any issue with an advisory jury; or

(2) may, with the parties' consent, try any issue by a jury whose verdict has the same
effect
as if a jury trial had been a matter of right.

EXPLANATORY NOTE

Rule 39 was amended, effective______________.

Rule 39 is identical to Rule 39, FRCivP, except for the inclusion of a
reference to the
Constitution and statutes of North Dakota in addition to those of the United States in
subdivision (a) and the deletion from subdivision (c) of mention of certain actions against
the United Statesderived from Fed.R.Civ.P. 39.

Rule 39 was amended, effective _______________, in response to the December 1,
2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.